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Thread: I got BUSTED!

  1. #1
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    True.

  2. #2
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    I'd say you need to not give anymore details, and get a lawyer. That will help you more than anyone here could.

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    I strongly concur with FogRider. Your user name suggests you live in California where laws and procedure are sometimes exotically different from those elsewhere.

    In any event, the details you have already posted indicate you need a good lawyer. Good luck with this.


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    thecalifornian wrote:
    He saw the gun on the table and told us to get down and arrested me for unlawfully carrying a loaded firearm within city limits.
    Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.


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    thecalifornian wrote:
    ...SNIP
    Does anyone have any good suggestions for fighting this charge? Or know anyone that would be good to help me out?
    Get a lawyer YESTERDAY, and do not speak to the police or post more details here without consulting the lawyer first.
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
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    nakedshoplifter wrote:
    Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.
    It does sound pretty bogus (the charge that is), but that's for the courts to decide, not us. thecalifornian, I'd really like to hear how this turns out, but only after you cet out of court.

    To many people seem to forget that whole "anything you say can and will be held against you" extends to the internet.

  7. #7
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    FogRider wrote:
    nakedshoplifter wrote:
    Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.
    It does sound pretty bogus (the charge that is), but that's for the courts to decide, not us. thecalifornian, I'd really like to hear how this turns out, but only after you cet out of court.

    To many people seem to forget that whole "anything you say can and will be held against you" extends to the internet.
    +1000

    I do not want to discourage you from posting here on OTHER subjects, and you are certainly welcome here. But while I am very interested to hear more on this situation, PLEASE FOR YOUR OWN GOOD, don't say any more until after you clear this up. It could really damage your case.

    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

  8. #8
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    IANAL!!!

    There is no such law as carrying within city limits.

    There is however loaded. Either way it is a misdemeanor and will cost about $5K retainer for a decent lawyer.

    Remember the following.

    12031 that defines loaded:

    12031. (a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
    Code:
    (h) Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any
    officer, employee, or agent authorized by that person for lawful
    purposes connected with that business, from having a loaded firearm
    within the person's place of business, or any person in lawful
    possession of private property from having a loaded firearm on that
    property.
    
    (l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite.
    I don't know the circumstances surrounding your case, but it does also state clearly that 12031 which is the PC loaded that you basically have to be in a prohibited area. As you can see above your home, business or private property you are allowed to have loaded. HOWEVER, I need to research the case law, but there is case law however to say that even if it is private property it can still be considered a public place and therefore not exempt.

    I disagree with the interpretation as the PC clearly differentiates between a public place and private property, and that might be a good case for a good lawyer.

    I wish you luck in your endeavors.

  9. #9
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    You can, and in my opinion should, post the details of where and when the hearings will be held.

    This will give any of us in your area the opportunity to lend you some moral support in person.

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    nakedshoplifter wrote:
    thecalifornian wrote:
    He saw the gun on the table and told us to get down and arrested me for unlawfully carrying a loaded firearm within city limits.
    Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.
    Sounds like an easy case - unless your private property is a "public place.'

  11. #11
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    Mike wrote:
    nakedshoplifter wrote:
    thecalifornian wrote:
    He saw the gun on the table and told us to get down and arrested me for unlawfully carrying a loaded firearm within city limits.
    Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.
    Sounds like an easy case - unless your private property is a "public place.'
    Actually, some of us disagree with that interpretation.

    I have a thread about it in California section...but in essence, since the PC spells out that it is illegal to have it loaded in a public place and provides an exemption for private property owned by the person that they would be exempt.

    So far no one has supported with case law what defines private place, so this argument may change once someone can produce that. I don't know how to look up case law, or else I would myself. It seems to me that the intent was to mean any public place OTHER than private property, otherwise it would have been defined differently.

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    ChickenFarmer wrote:
    in essence, since the PC spells out that it is illegal to have it loaded in a public place and provides an exemption for private property owned by the person that they would be exempt.

    So far no one has supported with case law what defines private place
    The issue is "public place" - was this real property a public place or not?

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    In commiefornia, the laws here are mind boggling. If your private property is not surrounded by a tall fence with a locked gate and razorwire around the top such that a passerby could "wander" onto your property without having to circumvent a fence or a wall or other barrier that a reasonable and prudent person would view as being placed there to prevent the public from accessing it, that area could be deemed a "public place" in that there is nothing to prevent the public from casually accessing it. I am not a lawyer, and I don't know the law on this, but I suspect that the powers that be in THIS republik will deem that area a "public place." If a kid on a bicycle could use it as a shortcut, then it probably wouldn't be deemed "private" place, since a kid on a bicycle cannot accidentally take a shortcut through your bedroom or bathroom, which WOULD be deemed "private place." I'm just guessing here, but I don't think I'm far off.

  14. #14
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    Mike wrote:
    ChickenFarmer wrote:
    in essence, since the PC spells out that it is illegal to have it loaded in a public place and provides an exemption for private property owned by the person that they would be exempt.

    So far no one has supported with case law what defines private place
    The issue is "public place" - was this real property a public place or not?
    In California v. Overturf, the Court of Appeals determined that 12031 (a) makes it illegal to possess and carry a firearm. The exemptions in (h) and (l) were found to exempt only possession.

    I didn't see the OP, but I get the impression the firearm was not being carried. So, even with the terrible case law in Overturf, the case is an easy win.
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    So then with the law of California, if the night prior some police came and knocked down my door so that is was no longer there...

    And the following day a stranger saw that there was no door entered my home it could be considered a public place because there was nothing preventing the public from gaining access....

    Although it doesn't make it right it sounds like it would be legal...

  16. #16
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    ChickenFarmer wrote:
    So then with the law of California, if the night prior some police came and knocked down my door so that is was no longer there...

    And the following day a stranger saw that there was no door entered my home it could be considered a public place because there was nothing preventing the public from gaining access....

    Although it doesn't make it right it sounds like it would be legal...
    If the above is true,then yall have some crappy laws out there in Cal.I thought the laws down here in the New Orleans area were bad.............

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    ChickenFarmer wrote:
    So then with the law of California, if the night prior some police came and knocked down my door so that is was no longer there...

    And the following day a stranger saw that there was no door entered my home it could be considered a public place because there was nothing preventing the public from gaining access....
    Well there is that whole thing about police not being able to create their own exingencies.


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    If I am equal to another, how can I legitimately govern him without his express individual consent?

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  18. #18
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    Somehow I don't feel safer...Haha....

    I think we need to petition the mods here to include more emoticons.... Although the ones here are cool, sometimes we need a

    [img]file:///C:/DOCUME%7E1/Clayton/LOCALS%7E1/Temp/moz-screenshot.jpg[/img][img]file:///C:/DOCUME%7E1/Clayton/LOCALS%7E1/Temp/moz-screenshot-1.jpg[/img] or a or even a

    Citizen wrote:
    ChickenFarmer wrote:
    So then with the law of California, if the night prior some police came and knocked down my door so that is was no longer there...

    And the following day a stranger saw that there was no door entered my home it could be considered a public place because there was nothing preventing the public from gaining access....
    Well there is that whole thing about police not being able to create their own exingencies.


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